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13. Divorce (Kitab Al-Talaq)

كتاب الطلاق

138 hadis

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2276

Rabah said:

My people married me to a Roman slave-girl of theirs. I had intercourse with her, and she gave birth to a black (male) child like me. I named it Abdullah. I again had intercourse with her, and she gave birth to a black (male) child like me. I named it Ubaydullah. Then a Roman slave of my people, cal…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2277

'Amr b. Shu'aib on his father's authority said that his grandfather (Abdullah ibn Amr ibn al-'As) reported:

A woman said: Messenger of Allah, my womb is a vessel to this son of mine, my breasts, a water-skin for him, and my lap a guard for him, yet his father has divorced me, and wants to take him away from me. The Messenger of Allah (ﷺ) said: You have more right to him as long as you do not marry.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2278

Hilal ibn Usamah quoted Abu Maimunah Salma, client of the people of Medina, as saying:

While I was sitting with AbuHurayrah, a Persian woman came to him along with a son of hers. She had been divorced by her husband and they both claimed him. She said: AbuHurayrah, speaking to him in Persian, my husband wishes to take my son away. AbuHurayrah said: Cast lots for him, say…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2279

Narrated Ali ibn AbuTalib:

Zayd ibn Harithah went out to Mecca and brought the daughter of Hamzah with him. Then Ja'far said: I shall take her; I have more right to her; she is my uncle's daughter and her maternal aunt is my wife; the maternal aunt is like mother. Ali said: I am more entitled to take her. She is my uncle's da…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2280

This tradition has been narrated by ‘Abd Al Rahman bin Abi Laila through a different chain of narrators. This version has “He decided that she would be given to Ja’far and said “Her maternal aunt is with him(i.e., his wife).

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2281

Narrated Ali ibn AbuTalib:

When we came out from Mecca, Hamzah's daughter pursued us crying: My uncle. Ali lifted her and took her by the hand. (Addressing Fatimah he said:) Take your uncle's daughter. She then lifted her. The narrator then transmitted the rest of the tradition. Ja'far said: She is my uncle's daughter. Her ma…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2282

Amr ibn Muhajir reported on the authority of his father:

Asma', daughter of Yazid ibn as-Sakan al-Ansariyyah, was divorced in the time of the Messenger of Allah (ﷺ). No waiting period was prescribed for a divorced woman (at that time). When Asma' was divorced, Allah, the Exalted, sent down the injunction of waiting period for divorce. She is the first of …

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2283

Narrated Abdullah ibn Abbas:

Women who are divorced shall wait, keeping themselves apart, three monthly courses; and then said: And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months. This was abrogated from the former verse. Again he said: (O ye who believe, if ye we…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2284

Narrated Umar ibn al-Khattab:

The Prophet (ﷺ) divorced Hafsah, but he took her back in marriage.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2285

Abu Salamah bin ‘Abd Al Rahman reported on the authority of Fatimah daughter of Qais Abu ‘Amr bin Hafs divorced her (Fatimah daughter of Qais) absolutely when he was away from home and his agent sent her home barley. She was displeased with it. He said “I swear by Allah, you have no claim on us. She…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2286

Abu Salamah bin ‘Abd Al Rahman said that Fatimah daughter of Qais told him that Abu Hafs Al Mughirah divorced her three times. He then narrated the rest of the tradition. The version has Khalid bin Walid and some people of Banu Makhzum came to the Prophet (ﷺ) and said Prophet of Allaah (ﷺ) Abu Hafs …

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2287

Abu Salamah reported on the authority of Fatimah daughter of Qais that Abu ‘Amr bin Hafs Al Makhzumi divorced her three times. He then narrated the rest of the tradition. He then mentioned about Khalid bin Walid and said that the Prophet (ﷺ) said “There are no maintenance and dwelling for her.” This version has “The Apostle of Allaah(ﷺ) sent a message to her “Do not give her consent for marriage without my permission.””

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2288

Fatimah daughter of Qais said “I was married to a man of Banu Makhzum. He divorced me absolutely. The narrator then transmitted the rest of the tradition like that of Malik. This version has “Do not marry yourself without my permission.” Abu Dawud said Al Sha’bi, Al Bahiyy and ata from abd Al Rahm…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2289

The tradition mentioned above has also been transmitted by Al Sha’bi through a different chain of narrators. This version has “The husband of Fathima daughter of Qais pronounced her triple divorce. The Prophet (ﷺ) did not allow her to have maintenance and dwelling.”

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2290

Abu Salamah reported on the authority of Fatimah daughter of Qays who said to him that she was the wife of AbuHafs ibn al-Mughirah who divorced her by three pronouncements. She said that she came to the Messenger of Allah (ﷺ) and sought his opinion about her going out from her house. He commanded her to shift to (the house of )Ibn Umm Maktum who was blind. Marwan denied to confirm the tradition of Fatimah about the going out of a divorced woman from her house. Urwah said:

Aisha objected to Fatimah daughter of Qays. Abu Dawud said: Salih b. Kaisan, Ibn Juraij, and Shu'aib b. Abi Hamzah -- all of them narrated on the authority of al-Zuhru in a similar way. Abu Dawud said: Shu'aibn b. Abi Hamzah the name of Abu Hamzah is Dinar. He is a client of Ziyad.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2291

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (ﷺ) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one div…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2292

Abu Ishaq said “I was with Al Aswad in the congregational mosque. He said “Fathimah daughter of Qais came to ‘Umar bin Al Khattab(may Allaah be pleased with him). (When she narrated the tradition about her divorce) he said “We are not to leave the Book of our Lord and the Sunnah of our Prophet (ﷺ) for the statement of a woman, we do not know whether she remembered it or not.”

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2293

Urwah said:

Aisha (Allah be pleased with her) severely objected to the tradition of Fatimah daughter of Qays. She said: Fatimah lived in a desolate house and she feared for her loneliness there. Hence the Messenger of Allah (ﷺ) accorded permission to her (to leave the place).

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2294

Urwah ibn az-Zubayr said:

Aisha was asked: Did you not see (i.e. known) the statement of Fatimah? She replied: It is not good for her to mention it (to others).

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2295

Sulaimah bin Yasar said about leaving the house by Fathimah “That was due to her bad manners.”

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2296

Al-Qasim ibn Muhammad and Sulayman ibn Yasar reported:

Yahya ibn Sa'id ibn al-'As divorced the daughter of 'Abd al-Rahman ibn al-Hakam absolutely. 'Abd al-Rahman shifted her (from there). Aisha sent a message to Marwan ibn al-Hakam who was the governor of Medina, and said to him: Fear Allah, and return the woman to her home. Marwan said (according to Su…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2297

Maimun bin Mihram said “I came to Median and went to Sa’id bin Al Musayyab”. I said (to him) Fathimah daughter of Qais was divorced and she shifted from her house. Sa’id said “This woman has perverted people. She was arrogant so she was placed with Ibn Umm Makhtum, the blind.”

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2298

Jabir said “My maternal aunt was divorced by three pronouncements and she went out to cut down fruit from her palm trees. A man met her and forbade her (to go out). So she went to the Prophet (ﷺ) and mentioned it to him. He said “Go out, and cut down fruit from your palm trees for perhaps you may give alms (sadaqah) or do an act of kindness.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2299

The Qur’anic verse “Those of you who die and leave widows should bequeath for their widows a year’s maintenance and residence was abrogated by the verse containing the laws of succession, as one-fourth or one-eighth share was prescribed for them (i.e., the widows). The waiting period for one year was also repealed as a period of four months ten days was prescribed for them.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2300

Humaid ibn Nafi' reported the following three traditions on the authority of Zaynab, daughter of Abu Salamah:

Zainab said: I visited Umm Habibah when her father AbuSufyan, died. She asked for some yellow perfume containing saffron (khaluq) or something else. Then she applied it to a girl and touched her cheeks. She said: I have no need of perfume, but I heard the Messenger of Allah (ﷺ) say: It is not…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2301

Zaynab, daughter of Ka'b ibn Ujrah narrated that Furay'ah daughter of Malik ibn Sinan, told her that she came to the Messenger of Allah (ﷺ) and asked him whether she could return to her people, Banu Khidrah, for her husband went out seeking his slaves who ran away. When they met him at al-Qudum, they murdered him. So I asked the Messenger of Allah (ﷺ):

"Should I return to my people, for he did not leave any dwelling house of his own and maintenance for me? She said: The Messenger of Allah (ﷺ) replied: Yes. She said: I came out, and when I was in the apartment or in the mosque, he called for me, or he commanded (someone to call me) and, the…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2302

Ibn ‘Abbas said “The following verse abrogated the rule of passing her waiting period with her people. A year’s maintenance and residence. She may pass her waiting period now anywhere she wishes. ‘Ata said “If she wishes she can pass her waiting period with the people of her husband and live in the…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2303

‘Umm Athiyah reported the Prophet(ﷺ) as saying “A woman must not observe mourning for more than three (days) except for four months and ten days in the case of a husband and she must not wear a dyed garment except one of the types made of dyed yarn or apply collyrium or touch perfume except for a l…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2304

The tradition mentioned above has also been narrated by Al ‘Umm Athiyah from the Prophet (ﷺ) through a different chain of narrators. The tradition narrated by Yazid bin Harun from Hisham does perfectly correspond to the tradition transmitted by Ibrahim bin Tahman and ‘Abd Allah Al Shami from Hisham.…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2305

Narrated Umm Salamah, Ummul Mu'minin:

The Prophet (ﷺ) said: A woman whose husband has died must not wear clothes dyed with safflower (usfur) or with red ochre (mishq) and ornaments. She must not apply henna and collyrium.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2306

Umm Hakim, daughter of Usayd, reported on the authority of her mother that her husband died and she was suffering from sore eyes. She therefore applied collyrium (jala'). Ahmad said:

The correct version is "glittering collyrium (kuhl al-jala'). She sent her slave-girl to Umm Salamah, and she asked her about the use of glittering collyrium (kuhl al-jala'). She said: Do not apply it except in the case of dire need which is troubling you. In that case you can use it at night…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2307

‘Ubaid Allah bin ‘Abd Allah bin ‘Utbah said that his father wrote (a letter) to ‘Abd Allaah bin Al Arqam Al Zuhri asking him to visit Subai’ah daughter of Al Harith Al Aslamiyyah and ask her about her story and what the Apostle of Allaah(ﷺ) said to her when she asked his opinion (about her). So, ‘Um…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2308

Narrated Abdullah ibn Mas'ud:

I can invoke the curse of Allah on anyone who wishes: The smaller surat an-Nisa (i.e. Surat at-Talaq) was revealed after the verse regarding the waiting period of four months and ten days had been revealed.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2309

Narrated Amr ibn al-'As:

Do not confuse us about his Sunnah. Ibn al-Muthanna said: The Sunnah of our Prophet (ﷺ) is that the waiting period of a slave-mother whose husband has died is four months and ten days.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2310

Narrated Aisha, Ummul Mu'minin:

The Messenger of Allah (ﷺ) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (ﷺ) replied: She is not lawful for the first (husband) until she tastes the honey of the other husband and he tastes her honey.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2311

‘Abd Allaah (bin Masud) said “I asked Apostle of Allaah(ﷺ) which sin is the gravest?” He replied “That you associate someone with Allaah, while He has created you”. I again asked “Which then?” He replied “That you commit adultery with the wife of your neighbor.” Allaah then revealed the following Qu…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2312

Narrated Jabir ibn Abdullah:

Musaykah, a slave-girl of some Ansari, came and said: My master forces me to commit fornication. Thereupon the following verse was revealed: "But force not your maids to prostitution (when they desire chastity)."

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2313

Mu’tamir reported on the authority of his father Sa’id bin Al Hassan explain the Qur’anic verse “But if anyone compels them, yet after such compulsion is Allaah oft-forgiving most merciful(to them), said Allaah is oft-forgiving to those (slave girls) who were compelled (to prostitution)

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